Page 346

West Virginia Income Maintenance Manual Chapter 3

West Virginia Income Maintenance Manual Page 35 Chapter 3 Eligibility Determination Groups

Spouses of Step-relatives Example: If a step-grandmother has two step-grandchildren living with her and she divorces her husband, she is still the former legal spouse of the children's grandfather, who is a specified relative. She is, therefore, a specified relative. If she were to remarry, her new spouse would not be a specified relative. 3.3.3 DEPRIVED OF PARENTAL SUPPORT AND CARE (PARENTS/CARETAKER RELATIVES MEDICAID, AFDC-RELATED MEDICAID) The definition of a dependent child no longer requires the child to be deprived of parental support and care. 3.3.4 EMANCIPATION Under West Virginia State law, emancipation occurs when: • A child has been declared emancipated by a court; or • A child marries. 3.3.4.A WV WORKS The definition of dependent child for WV WORKS includes the requirement that any child, included in the AG as a dependent child, be unemancipated. NOTE: For WV WORKS, it may be impossible for a relative to establish a home for a child who is in a foster home, or other place, without financial assistance before the child enters his home. The payment can be initiated any time within 30 days prior to the date the child actually goes to live with the specified relative. If DOHS made a Foster Care payment, a WV WORKS payment cannot be initiated for the same period because this results in a duplication of payments.

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Page 346

Official source

West Virginia Income Maintenance Manual Chapter 3

West Virginia Income Maintenance Manual Page 35 Chapter 3 Eligibility Determination Groups

Spouses of Step-relatives Example: If a step-grandmother has two step-grandchildren living with her and she divorces her husband, she is still the former legal spouse of the children's grandfather, who is a specified relative. She is, therefore, a specified relative. If she were to remarry, her new spouse would not be a specified relative. 3.3.3 DEPRIVED OF PARENTAL SUPPORT AND CARE (PARENTS/CARETAKER RELATIVES MEDICAID, AFDC-RELATED MEDICAID) The definition of a dependent child no longer requires the child to be deprived of parental support and care. 3.3.4 EMANCIPATION Under West Virginia State law, emancipation occurs when: • A child has been declared emancipated by a court; or • A child marries. 3.3.4.A WV WORKS The definition of dependent child for WV WORKS includes the requirement that any child, included in the AG as a dependent child, be unemancipated. NOTE: For WV WORKS, it may be impossible for a relative to establish a home for a child who is in a foster home, or other place, without financial assistance before the child enters his home. The payment can be initiated any time within 30 days prior to the date the child actually goes to live with the specified relative. If DOHS made a Foster Care payment, a WV WORKS payment cannot be initiated for the same period because this results in a duplication of payments.